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Tag Archives: Civil Practice

Private nuisance claim survives demurrer (access required)

Where plaintiffs allege, among other things, that every time they go into their backyard after dark, defendant turns on his floodlights, and makes “loud and obnoxious noises” while they are in their back yard, defendant’s demurrer to plaintiffs’ private nuisance ...

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Virginia eluding statute qualifies as crime of moral turpitude (access required)

Where the Virginia eluding statute’s mens rea required at least recklessness, and vehicular flight from law enforcement has been consistently found to involve sufficient risk and danger to be morally reprehensible, the statute qualified as a crime of moral turpitude. ...

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No certification of fact statement for appeal (access required)

Where the court sustained defendants’ demurrer to plaintiffs’ complaint, which alleged that portions of COVID-related executive orders are unconstitutional, plaintiffs’ proposed statement of facts submitted after their notice of appeal is defective and cannot be certified. The court issues a ...

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Patent dispute transferred because of lack of connection (access required)

Where a patent dispute lacked any significant connection to Virginia, and a lawsuit between the same parties over the same patents was already pending in Illinois, the suit is transferred to the Northern District of Illinois. Background On April 27, ...

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Church’s successor directors not affirmed by majority vote (access required)

Where members of the Heritage Fellowship Church allege that the church’s deacons board violated the church’s governing documents when it altered HFC’s membership list, the court finds that the successor members of the board of directors “were never validly selected, ...

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State secrets privilege bars suit over NSA surveillance (access required)

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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